I'm a Libertarian living in Humboldt County, CA. I've lived here in Eureka since 1973 and joined the Libertarian Party in 1992. This blog will mostly focus on local political issues, but I may stray into state and national issues as well, when I can't help myself. Please post your comments by clicking on the "comments" link at the bottom of each post. Although I do moderate comments, you need not be a registered user to post them.

Friday, January 27, 2006

Drug Free Zones

It never occurred to me that the drug bust at that house on B Street in Eureka the other day was in one of those Drug Free Zones. That subjects those arrested to enhanced sentences for illegal drug activity within 1000 feet of a school.

You've seen the signs, I'm sure; The black on white signs posted near schools that say "Drug Free School Zone", or whatever? I'd always wondered what those were all about. I read years ago that, even if you grow one pot plant in your house inside the area of one of those DFZ zones, you can get mandatory prison time, or some such. Looks like that's not always the case from what the papers are saying.

Local officials say that, because the drug activity took place inside the house, enhancements didn't apply. I wonder if that's local policy or federal policy? When I first read about DFZ years ago, I got the impression that it did apply to anywhere inside the drug free zone, inside a house or outside, regardless. I was under the impression that this DFZ thing was a federal law. Did I get that wrong?

It seems to me it would be silly to not have it apply to the inside of a house. Not that I want someone busted for growing a few pot plants.

Yes, federal law does supercede state law but I think if something is legal under state law it gives local authorities more discretion as to how to enforce the law, or whether they enforce the law at all.

I think if it were some pesky tree huggers with a single pot plant "enhancements" would have been added. But since it was just tweakers with a lot of meth and an arsenal it would be protected by local political/police corruption.